Terms of Service

These Terms of Service (“TOS”) constitute a legally binding agreement made by and between W.D. Owens Investment Company, LLC, which operates www.biofitnesslab.com, www.bioantler.com, www.bioantler.net, and www.bioantlerspray.com, (“BIOFITNESS LAB Website” or “us”) and you, whether personally or on behalf of an entity (“you”). These TOS govern your use of the BioFitness Lab Website and the products offered on Website (the “Services”), so please read them carefully.

BY ACCESSING OR USING ANY PART OF THE NETWORK, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DISCONTINUE USE OF THE BIOFITNESS LAB WEBSITE.

INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, BIOFITNESS LAB WEBSITE RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE SERVICES CONSTITUTES ASSENT TO ANY NEW PROVISIONS OF THIS TOS THAT MAY BE POSTED ON THE BIOFITNESS LAB WEBSITE.

1. Webpages which are Part of BioFitness Lab Website and Affiliates Which are Not. Biofitness Lab Website operates www.biofitnesslab.com, www.bioantler.com, www.bioantler.net, and www.bioantlerspray.com and pages found in the web directory for such websites. BioFitness Lab Website does not include other websites including advertising affiliates which may refer customers to BioFitness Lab Website.

2. Product Transactions on BioFitness Lab Website.

Eligibility. Products may only be purchased by individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from purchasing products on the BioFitness Lab Website (except as provided below).

3. UserConduct

Prohibited Conduct. In your use of the BioFitness Lab Website, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use of the Services, the BioFitness Lab Website or any web sites linked to the BioFitness Lab Website; (iii) interfere with or damage the BioFitness Lab Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, or personal information, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) www.biofitnesslab.com, www.bioantler.com, www.bioantler.net, and www.bioantlerspray.com, federal, state, or municipal government, or a political candidate; or create or use a false identity; (v) attempt to obtain unauthorized access to the BioFitness Lab Website or portions of the network that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the BioFitness Lab Website or the Services; (viii) use any meta tags or any other "hidden text'' utilizing BioFitness Lab Website's name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by BioFitness Lab Website; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Network or Services; or (xi) assist any third party in engaging in any activity prohibited by these TOS.

Other Users. If you become aware of any conduct that violates these TOS, BioFitness Lab Website encourages you to contact customer service at support@biofitnesslab.com. BioFitness Lab Website reserves the right, but will have no obligation, to respond to such communications.

4. Privacy Policy. You agree to comply with BioFitness Lab Website’s Privacy Policy found at www.biofitnesslab.com/privacy-policy, which is incorporated by reference into these TOS.

Trademarks. www.biofitnesslab.com, www.bioantler.com, www.bioantler.net, www.bioantlerspray.com, BioFitness Lab, BioAntler, BioFitness Lab Deer, and the BioAntler Deer logos are trademarks owned by W.D. Owens Investment Company L.L.C. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of BioFitness Lab Website. You hereby acknowledge that any use by you of such trademarks or trade dress is for the sole benefit of BioFitness Lab Website and goodwill generated by such use will inure to BioFitness Lab Website. All other trademarks, trade names, and the like that appear on BioFitness Lab Website are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission.

Ownerships and Use. BioFitness Lab Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these TOS or otherwise, except as expressly set forth in these TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on BioFitness Lab Website except as set forth in these TOS. Notwithstanding the foregoing, you may use the content and materials on BioFitness Lab Website in the normal course of your use of the website. You may not use any third-party intellectual property without the express written permission of the applicable party, except as permitted by law.

6. DMCA Copyright Policy and Copyright Agent. BioFitness Lab Website respects the intellectual property rights of others and expects its users to do the same. If you believe BioFitness Lab Website has infringed your intellectual property rights, please notify our Intellectual Property Agent at support@biofitnesslab.com and provide the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.

An identification of the intellectual property claimed to have been infringed.

A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears.

Your address, telephone number, and email address.

A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.

A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.

7. Representations and Warranties

By Each Party. Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under these TOS, (ii) the assent to and performance by it of its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) these TOS constitute legal, valid and binding obligations of the parties executing or assenting to these TOS, enforceable in accordance with their terms and conditions.

By You. You represent and warrant to BioFitness Lab Website that: (i) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any BioFitness Lab Website or any third party in your use of the BioFitness Lab Website and (ii) you will comply with all applicable laws, rules and regulations in your use of the BioFitness Lab Website, including these TOS.

8. Indemnification. You agree to hold BioFitness Lab Website and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the "Indemnified Parties") harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these TOS by you or (ii) arising from, related to, or connected with your use of the BioFitness Lab Website. Ifyou are obligated to provide indemnification pursuant to this provision, BioFitness Lab Website may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of BioFitness Lab Website.

9. Disclaimers, Exclusions, and Limitations

DISCLAIMER OF WARRANTIES. BIOFITNESS LAB WEBSITE PROVIDES ITS WEBSITE AND PRODUCTS “AS IS” AND “AS AVAILABLE” BASIS. BIOFITNESS LAB WEBSITE DOES NOT MAKE ANY REPESENTATIONS OR WARRANTIES CONCERNING ANY APPLICATION OR USAGE OF DIETARY SUPPLEMENTS. NO PRODUCT OR STATEMENT REGARDING OUR PRODUCTS HAS BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. NO PRODUCT IS INTENDED TO DIAGNOSE, TREAT, PREVENT OR CURE ANY DISEASE.

BIOFITNESS LAB WEBSITE DOES NOT REPRESENT OR WARRANT THAT IT (I) WILL PROVIDE UNINERRUPTED SERVICE OR ACCESS, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.

BIOFITNESS LAB WEBSITE MAKES NO WARRANTEIS OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

EXCLUSION OF DAMAGES. BIOFITNESS LAB WEBSITE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FORM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. BIOFITNESS LAB WEBSITE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF BIOFITNESS LAB WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF BIOFITNESS LAB WEBSITE OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY. EXCEPT FOR A PARTY’S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS, OR SERVICES OR PRODUCTS PROVIDED BY BIOFITNESS LAB WEBSITE EXCEED THE AMOUNT PAID BY YOU TO BIOFITNESS LAB WEBSITE FOR ANY PRODUCT(S).

THE CONTENT OF THE BIOFITNESS LAB WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR THE SERVICES OF TRAINED MEDICAL PROFESSIONALS. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE COMMENCING THE USE OF DIETARY SUPPLEMENTS, INCLUDING OUR PRODUCTS.

TESTIMONIALS HAVE NOT BEEN PREPARED BY US AND WE DO NOT CLAIM ANY TESTIMONIAL OR ANY ENDORSER’S EXPERIENCE IS WHAT AN AVERAGE OR TYPICAL CUSTOMER MAY ACHIEVE.

10. Returns. All of our products are backed by a 30-day guarantee. If you are not satisfied with a product, send us the remaining product and we will refund your money less shipping expenses. If you received an incorrect or defective item, we will pay the shipping costs to correct the error.

BioFitness Lab strictly follows all regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within the United States. We are not responsible for regulations imposed by other countries. You are responsible for verifying that products you purchase and ship outside the United States are not prohibited. We recommended that you contact your local customs office before ordering a dietary supplement or a natural health product.

Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can't be delivered due to an address error, or orders seized by customs unless the shipment is returned to us in unmodified condition. This situation rarely happens but it is always best to check before you order.

You should expect to receive your refund within 30 days of giving your package to the return shipper, however, in many cases you will receive a refund sooner. This time period includes the transit time for us to receive your return, the time it takes us to process your return once we receive the product(s), and the time it takes your bank to process our refund request.

If you need to return an item, simply login to your account, view the order using the Complete Orders link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item.

11. Arbitration. All disputes between you and BioFitness Lab Website related to the operation of its website or the sale or marketing of its products will be exclusively resolved under confidential binding arbitration held in Los Angeles, California before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator(s) designated by American Arbitration Association will determine whether any generally applicable contractual defenses to this agreement exist, including but not limited to fraud, duress, or unconscionability. No arbitration between us will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, BioFitness Lab Website will have the right to seek injunctive or other equitable relief in state or federal court to enforce these terms or prevent an infringement of a third party’s rights. In the event such relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

THE AAA'S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY'S FEES IN CERTAIN CIRCUMSTANCES.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

Class Action and Class Arbitration Waiver.

11.1. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in section 10.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception - Small Claims Court Claims.

11.2. Exception - Small Claims Court Claims. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

30 Day Right to Opt Out.

11.3. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in sections 10.2, 10.3, and 10.4 by sending written notice of your decision to opt-out to the following address: BioFitness Lab c/o WDO Investments Corporate Office P.O. Box 69A05 West Hollywood, CA 90069. The notice must be sent within thirty (30) days of registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

Exclusive Venue for Litigation.

11.4. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in section 10.2 do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions.

12. Governing Law. The law which shall resolve all disputes between the parties shall be the laws of California and the United States of America.

13. Changes to the Website or Service. BioFitness Lab Website may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of BioFitness Lab Website, temporarily or permanently, at any time without notice to you, and BioFitness Lab Website will not be liable for doing so.

14. Termination

By BioFitness Lab Website. BioFitness Lab Website will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your account or your access to the BioFitness Lab Website, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of these TOS, (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) you exceeding your credit card limit; (v) or “chargeback” of a fee or other payment.

By You. If you are a member, you may terminate your account for any reason at any time by emailing support@biofitnesslab.com and recommending terminating it through the “Your Account” feature on the Network or providing notice to BioFitness Lab Website of your intention to do so, subject to these TOS.

Effect of Termination. If your account is terminated, BioFitness Lab Website may, in its sole discretion, delete any web sites, files, graphics or other content or materials relating to your use of BioFitness Lab Website in its possession. Following termination, you will not be permitted to use BioFitness Lab Website.

15. Waiver of Class Action Rights. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these TOS must be asserted individually.

16. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of BioFitness Lab Website must be brought within one calendar year after such claim or cause of action arises, or forever be barred.

17. Integration. These TOS contain the entire understanding of the you and BioFitness Lab Website regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.

18. Additional Terms. These TOS will be binding upon each party hereto and is successors and permitted assigns, and governed by and constructed in accordance with the laws of United States and California without reference to conflict of law principles. These TOS and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferrable by you without the prior written consent of BioFitness Lab Website. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any right, power, or privilege under these TOS. You and BioFitness Lab Website are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.